Public Safety and Animal Welfare: Legal Accountability for Dog Bite Cases in India

Abstract

A comparative study helps us to understand the problem of stray dogs it lead to major challenge in India where it has being taken as a crucial debate, animal welfare and public safety which is the priority of the government should provide it. The major problem is increasing number of dogs in India where it become a serious concern for public safety and even health of the person.

There are many provisions which are provided if person get attack or bitten by any animal can ask for compensation from the owner of dog who has taken responsibility to take care of them or it can be done negligently done by owner itself as animal he does not know what is right or wrong.

It lead to increasing number of human – animal conflict. This research paper also examine about duties of municipal authorities, right of victim to claim for compensation, government development or guidelines. Important judgements which lead to maintain balance of public safety and animal welfare.[1]

Keywords

Stray dogs, Public Safety, Legal Provisions, Municipal Corporation, Animal Welfare, Compensation, Pet owner liability, Negligence.

Introduction

India is such a diverse country where it is surrounded by culture, traditional and number of people. Every person wants to be safe and secure which is their first priority and it is the right of government to feel them secure. But now in today’s times in India there are facing growing problem of dog bites or attacks where specially child and old person are not safe, it is due of owner who is taking care of dog should be held responsible. Now the pet dogs are also increased around 10 million to 30 million approximately. The animals should be taken proper care by having vaccination on regular bases, sterilization and many incidents of dog bite and attack.

Such incidents create fear among the people and risk of diseases like rabies. Cases with incidents of dog bites have been lead to important issue by crating municipal governance, animal welfare right and civil liability which can be explained in two such situations:-

Stray Dogs- When it is the authority of government local bodies where they are failed to manage their vaccination, sterilize and monitor on stray dogs for not causing harm to others and ensuring their safety first.
Pet Dogs- Here it is the duty of the owner to take proper care of dogs but failed to control or supervise the dog which causes injury to the other person.[2]

In Mahamaya Nath .V. Ajay Singh Tomar (IAS) Deputy Commissioner, court demonstrated that petitioner was bitten by respondent’s dog and he did not payed compensation so petitioner filed for contempt petition against respondent were court said that respondent is liable to pay compensation of ₹ 80,000 still the respondent was filed to give such amount. [3]

Research Methodology

The research for this descriptive paper’s depth which adopt doctrinal research methodology where it should be focused about policy frameworks, legal provisions, government guidelines for dog bite incidents in India. Such research is primarily based on secondary sources of data like books, government reports, articles and official publications are the best example secondary sources of information used in this research paper. These are related to public safety and animal welfare which number of cases were rising from dog bite. The authorities like RWA (Resident Welfare Association) and government agencies if person get injured due to negligence, victim should get compensation.

Review of Literature

There are many research paper on public safety and dog bite presented an article by Verma M, Kumarasamy AP, Vada S and Manna R on Understanding dog bite as Public Health concern which is presented on publichealth.medresearch.in , where they described about dog bites, health concern by creating awareness around us, providing proper vaccination, sterilization and control of rabies. Genuinely this article study about dog bite incidents and whether the person is able to get compensation which is mandatory. Similarly an article which was on journals.sagepub.com “Stray Dog Bite and Rabies in India: A silent Epidemic” which says increase number of dog bites case in India were lot of to manage stray dogs to provide all the facilities to them. There were limited research paper which shows balancing public safety and animal welfare were it shows liability of pet owner, municipal authorities, animal feeders and government agencies.[4]

Legal Provisions in India

The government has provided such provision which will be applicable for person’s safety to ensure that the person get compensation amount from such person who was careless in controlling animals as they are legal owner and also tells us about animal rights to protect them and ensure all the necessities are being provided. Some provisions of the act are given below:-

Bharatiya Nyaya Sahita, 2023
Section 291- Negligent conduct with respect to the animal- It states that person who has animal in their possession and fails to take responsibility which lead to cause harm other person. The owner will be liable for 6 months imprisonment or fine ₹ 5,000 or both can be applied.
Section 125- Act Endangering life or Personal Safety- It states that when such person act carelessly or negligently put the live of other at risk which can also lead to harm them. He can be liable for punishment in three ways:-
No injury caused –If the person’s conduct is incident which act as danger but not cause harm will liable for 3 months imprisonment or fine ₹ 2,500 or both.
Hurt is caused- If an act is negligently caused with injuries to other person will be liable for 6 months imprisonment or fine ₹5,000 or both.
Grievous Hurt- If a person is serious injured like fracture, permanent disfigurement or anything more serious then imprisonment for 3 years or fine ₹10,000 or both.
Section 325- Mischief- It states that when such person intentionally cause harm to animal by killing, poisoning, maiming are considered as mischief because it cause damage to the owner or any other person interested in animal will be held liable for 5 years imprisonment or fine or both.[5]
Prevention of Cruelty to Animals Act, 1960
Section 3- Duty of Persons having charge of animals- It states that who owns the animal has the duty to take proper care of them.
Section 11- Treating Animal Cruelty- It states that person who has committed such offence if they negligently which lead to cause harm to animals like by torturing, starving, overworking these are considered under cruelty. Owners should take proper care of them and proper all the necessities which are required to them. Will be liable for punishment:-
First offence- Not less than ₹10 which can be extend to ₹15.
Second offence- Committed such offence within 3 years of previous offence with fine cannot be less than ₹25 can extend to ₹100 or imprisonment of 3 years. Doing such Phooka or any such operation for improving injuries and health of animal is punishable with fine of ₹1,000 or imprisonment upto 2 years or both.
Section 4- Establishment of Animal Welfare Board of India (AWBI)- It states about establishment of AWBI by central government were it is created by board to promote animal welfare and protect animal from unnecessary cruelty or pain to them. As AWBI is a special identity where its own such property enter into legal proceedings can be sue or sued on its own name.[6]
Indian Constitution Act, 1950
1. Article 245- Extent of Laws made by Parliament and State legislature- It states that laws which are made can be applied. Parliament which make laws for whole India or any part of India whereas State legislature make laws for those states or any part of state. The parliament laws will not become invalid as it will not affect outside India.
1. Article 246 – Distribution of legislative power- It states about the law making power in central and state government through the 3 list which are given in seventh schedule.
Union List- Only Parliament can make laws on matter in union list.
State List- Only State legislature can make laws in the matters of state list.
Concurrent List- Both Parliament and State legislatures can make laws on these subjects.
1. Article 21- Protection of life and personal liberty- It states that no person shall be deprived by his life or personal liberty except according to the procedural law.[7]
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 395- Order to pay Compensation- It states that it empowers the court to provide compensation to the victim who has suffered injury, damage due to the offence. Compensation can be paid as fine which is imposed on the offender. Appellate Court, High court and Session court also provide compensation where certain amount is received if victims files the case in civil suit.

V . The Animal Birth Control (Dogs) Rule, 2023- It was enacted by Prevention of cruelty to animal act, 1960 but replace for 2001 rules. Provide proper vaccination, immunization and sterilization facilities for even street dogs and managing such dog population.[8]

International Framework

As many countries are enable to manage the stray dog populations through law, policy and very important animal welfare rights. Many of the international organizations have also developed guidelines which were framed for public protection and providing proper treatment and care to the animals. They are being given as follows:-

World Health Organisation (WHO) – As the organization recognises, rabies which is a disease and concern for the people, the stray dogs are primary source of transmission. The organisation provided that:-
Proper vaccination facilities
Control of Rabies disease which is such major issue
Creating Awareness to the people for their safety
Proper management of dog population[9]
European Convention for the Protection of Animals, 1987- As this organisation provide ownership and protection of animals from other type of treatment which does not suffer with any pain. We need help from country members by:-
Unnecessary suffering to the animals
Providing proper sterilization, vaccination of dogs which is most important.
Reducing of stray dogs population but not by mass killing.
Stop people from absconded pets as later it becomes stray dogs.
OIE (World Organisation for Animal Health) – Terrestrial Animal Health Code- This organisation provides international standards for controlling the animals disease and stray dogs population. These can be used by providing:-
Responsibility of Pet owner
Vaccination and sterilization programs to create awareness
Handling of aggressive / diseased dogs.
Dealing public health safety with animal welfare rights.

As these guidelines will help the country to develop for stray dogs and providing all the facilities also to ensure both public safety and animal right are protected.[10]

Criminal and Civil Liability of Pet Owners

Civil Liability– It tells about the ownership of dogs comes with the responsibility and accountability for cause of action or damages which is caused by them. As in common law it states that the person who owns the dog, if causes harm to other person whether it is done by intentionally, careless or negligently will be held responsible and has to pay compensation for the same. In dog bites case there are strict liability where owner is not required to be prove his negligence but will be liable to pay compensation has he or she was not able to take responsibility of their dog.

Criminal Liability- The owner of the dog can be liable with the provision under Section 291 of BNS, 2023, as when the owner or person who has animal responsibility but fails to take proper precautions or care which lead animal causes harm to the other person. Will be liable for imprisonment of 6 months or ₹ 5,000 or both can be applied.[11]

Case Studies

In Conference of Human Rights .V. UOI[12] & Triveni Apartments Welfare Association v. South Delhi Municipal Corporation[13] it influenced Legal framework for governing stray dogs in India. The stray dogs must be feed but not in residential areas should provide a designated locations were such activities are conducted. The court also provide responsibility to municipal authorities for sterilization and anti- rabies vaccination under Animal Birth Control (ABC) Rule.

Duties of Municipal Corporation of Legal bodies regarding Stray Dogs

Today’s government authorities should be more responsible and managing open garbage as the food attract stray dogs which lead to increase in their population. The municipal authorities should provide proper sanitation as wastage of food can lead to increase of stray dog bites, territorial aggression and pack attacks. Therefore it is the duty of municipal corporation that to ensure of proper sanitation, waste disposal and preventing accumulation on food waste control where stray dog populations and public health concern.

Local authorities and municipal they have responsibility and duties which is mainly raised in Animal Welfare Birth Control Rules, 2023, Prevention of cruelty to animals, 1960 and various Municipal act. Duties are given below:-

Protection of public health and safety- As it is the major concerned of every person when they get bitten from dog prevents diseases, but need to be ensure about cleaner and safer environment for the public.
1. Sterilization for Stray Dog- It is the essential part where municipal authorities has duty to conduct Animal Birth Control (ABC) programmes to control the stray dog population through sterilization.
1. Management of Human- Animal conflict- The authorities must have complaint relating to dangerous stray dogs which attack on someone so it is duty of the law where the owner of dog will be liable to pay compensation to the victim.
1. Anti- Rabies Vaccination- These are the vaccination for stray dogs which is important for them to spread of rabies and protect public health.
1. Shelter and Care Facilities- As the government should take responsibility of taking care of dogs providing all the basic necessities and facilities should be given to them.
1. Record keeping and monitoring- As it the duty of authority to maintain the record of stray dogs and their vaccination record and monitoring the population of dogs also providing all the necessities need to the animal.
1. Urban safety- It is the duty of the authorities to check and providing proper sanitation and any wastage is being contributed to safer public places, especially for child, elderly persons and pedestrians.[14]

Judicial Precedents on Dog Bites and Negligence

In Sinclair .V. Okata, the court demonstrated that petitioner’s son was bitten by dog of respondent where his dog has bitten many people so petitioner filed the case for strict liability for compensation. But court refused it held that dog biting is a result of animal’s natural instincts and is not abnormally dangerous activity. However, court held that the dog owner was failed to take proper responsibility so therefore he will be liable to pay compensation for the conduct of negligence for breaching duty of care.[15]
Smt. Seema T.Telgote .V. Union of India & Anr, the court demonstrated that the petitioner’s husband Constable Tej Rao Telgote of BSF was bitten by dog during the duty in West Bengal later died his family received ₹ 5 lakh under group insurance scheme but it was claim as accidental death where Double Accidental Benefit clause. So court held that since the dog bite was visible and petitioner was died because of this so it was allowed to pay remaining ₹ 5lakh with 6% interest and also receive award for ₹20,000 as costs of petitioner.[16]
In The Animal Welfare Board of India & Ors .V. Union of India, the court demonstrated that it was 5 judge bench. In Animal Welfare Board of India .V. A.Nagaraja were Supreme Court banned Jallikattu (Tamil Nadu), Bullock Cart Races (Maharashtra) were they caused unnecessary pain and suffering which violated under Prevention of Cruelty to Animals Act, 1960 but there was ban announced by State of Tamil Nadu, Maharashtra and Karnataka passed the amendment laws by allowing these traditional sports to continue but with safeguard and proper regulations. As these were being challenged before Supreme Court.[17]
In Anupam Tripathi .V. Union of India, the court demonstrated that petition was filed because wife was bitten by dogs due to which she loss her life in Kerala. Here Supreme Court held that protection of animal cannot be at the cost of human live, court examine were respondent is being held liable to pay compensation to petitioner.[18]

Challenges faced by Legal Accountability

Poor Implementation of ABC Programs- There are many municipalities which lead to have of lack of adequate resources where they implement vaccination and sterilization programs. Also help growing stray dogs and increased dog bites incident.
Lack of clear liability- The laws which are provided in dog bites incidents are clearly given by Indian law. Stating that the owner’s liability is must where he is liable to pay compensation to the victim because of his negligence.
Public Awareness- It is the most important part where public should be aware about the right of pet owners where they are not knowing about vaccination and sterilization. Also if the negligently done by the owners will be liable to pay compensation as per recent landmark judgements by Supreme Court.
Difficulty in Identifying person- If the harm is done by stray dog the victim can make the liable who takes care, food on the continuous bases will be liable to pay compensation.
Rabies and Public health- The dog bite is even major concern where it can lead increase of risk and most for public people on their health. Dog bites are major source of rabies transmission in India.

Recent Development & Government Guidelines

Concerned about Public Safety in Article 21- In Re : City Hounded by Stray, kids Pay Price (2026) the Supreme Court demonstrated that every citizen has fundamental right to live safely and freely without any fear of especially stray dogs. As court linked Article 21 for public safely which states right to life and personal liberty. It was also observed that dog attack to make children and vulnerable people were adversely effected the quality of life and restrict the free use of public spaces.[19]
Direction on the cognizance of rising of Stray dogs (2025) – As Supreme Court took suo moto to provide cognizance and alerting the increase number of dog bites cases across the several countries where many children, elderly or old person are mostly effected. The court have concerned with many municipal authorities which were failed to do so also introduced about Animal Birth Control (ABC) Rules, 2023 which were introduced for sterilization and vaccination of dog to be provided. Court held that animal welfare right and public health cannot be ignored.[20]
Removal of Stray dogs (2026)- Supreme Court has provided direction of stray dogs should not allowed at sensitive public place like hospital, schools, railway station, and sports complex because these places where children, patients or large number of people are there where dog attacks can be happened easily. The authorities are required to monitor all the dogs and provide all necessities to them whether its vaccination or sterilization.[21]

Government Guidelines

Pet Dogs- The owner of the dog are equally held responsible they should be providing:-
Sterilization
Vaccination when they required
Proper control and monitor them
Having a local license required
If dog bites a person, the owner would be held responsible for such conduct and pay him or her as compensation.
Measures After Dog Bite- Government health concerned by providing proper procedure:-
Wash the wound with soap for at least 15 minutes.
Apply Antiseptic
Medical treatment immediately
Take vaccination which is advised by Doctor.
Report the incident to the local authorities.

Suggestions

The main concerned is to maintain clearance around the surroundings like in residential, commercial areas should be clean as it will reduces the availability of food for stray dogs. By providing community centre to feed stray dogs and proper care and responsibility of them would be taken by the authorities like vaccination, sterilization and even help them to reduce their anger. The Animal Birth Control (ABC) Rule, 2023provide anti- rabies vaccination which helps to control stray dog populations. The owner is the legally liable for causing harm to the other person due to carelessness, negligence etc. will be liable to give compensation.

Conclusion

As Dog bite incidents have been increased with the number across several countries which lead to complex interaction between public safety, governmental responsibility, and animal welfare. As per Indian laws which states about civil & criminal liability of pet owner will be liable to get compensation to the victim for carelessness of the owner. The municipal authority must ensure that to control stray dog populations through sterilization, vaccination and other public health concerns. Courts have the right provided to victim to get compensation for all the medical expenses or other expenses where it can emphasized accountability of local authorities. Where the court have been balanced to public health and also for animal welfare.

AUTHOR,

RIYA PAWAR

BHARATI VIDYAPEETH INSTITUTE OF MANAGEMENT AND RESEARCH, NEW DELHI.

[1] . Ankita Khamari, Balancing Human Safety and Animal Protection: Legal Responses to Dog Bite Incidents in India, 12 Int’l J. Innovative Res. Tech. 1 (2026).

[2] Jos K. Pratheesh, Stray Dogs Within the Legal Framework: Balancing Public Safety and Animal Welfare, 5(1) Indian J. L. & Legal Rsch. 1 (2025).

[3] Nath v. Tomar, COCP No. 848 of 2025 (O&M) (P&H High Court Mar. 11, 2025).

[4] Jasper Vikas, Stray Dog Bites and Rabies in India: A Silent Epidemic, 94 SAGE Open Med. 3 (2026).

[5] Bharatiya Nyaya Sanhita, No. 45 of 2023, §§ 125, 291, 325 (India)

[6] Prevention of Cruelty to Animals Act, No. 59 of 1960, §§ 3, 4, 11 (India).

[7] INDIA CONST. arts. 21, 245, 246.

[8] Bharatiya Nagarik Suraksha Sanhita, No. 46 of 2023, § 395 (India

[9]World Health Organization, WHO Expert Consultation on Rabies: Third Report, WHO Tech. Rep. Ser. No. 1012, at 2–8 (2018).(21.6. 2026).

[10]World Organisation for Animal Health (WOAH), Terrestrial Animal Health Code ch. 7.7, at 4–9 (29th ed. 2021). (21.6.26)

[11] Kanad Yadav, Laws Relating to Dog Bites in India, 2(7) [International Journal for Legal Research and Analysis] 5, 12 (2024).

[12] Conference of Human Rights v. Union of India, A.I.R. 1998 S.C. 431.

13. Triveni Apartments Welfare Ass’n v. South Delhi Mun. Corp., W.P.(C) No. 12078 of 2018 (Del. High Ct. Aug. 18, 2023).

[14]Jos K. Pratheesh, Stray Dogs Within the Legal Framework: Balancing Public Safety and Animal Welfare, 5(1) Indian J. L. & Legal Rsch. 1107 (2025). (21.6.26)

[15] Sinclair v. Okata, 874 F. Supp. 1051 (D. Alaska 1994).

[16] Smt. Seema T. Telgote v. Union of India, W.P.(C) No. 13573 of 2022 (Del. High Ct. Apr. 9, 2025).

17. Animal Welfare Board of India v. Union of India, A.I.R. 2023 S.C. 2612.

18. Anupam Tripathi v. Union of India, (2016) 13 S.C.C. 498.

[19] https://www.scconline.com/blog/post/2025/11/07/sc-directions-on-rise-in-dog-bites-incidents-accident-caused-by-stray-cattle/ (21.6.26)

[20] https://www.scconline.com/blog/post/2026/05/19/sc-stray-dogs-abc-rules-nationwide-sterilisation-directions-may-2026/?utm_source=chatgpt.com (21.6.26)

[21] https://www.sansalegal.com/post/supreme-court-stray-dog-verdict-2026-new-rules-on-relocation-shelters-and-euthanasia (21.6.26)